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(영문) 창원지방법원 2015.07.08 2015고단86
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A Imprisonment for two years, Defendant B and C shall be punished by imprisonment for one year and six months.

except that this judgment.

Reasons

Punishment of the crime

Defendants are foreigners of Chinese nationality.

On December 25, 2014, at around 22:25, the Defendants entered a restaurant of “G” located in the window of Changwon-si, Changwon-si, along with H, I, China, the same Chinese victim J (J, 35 years of age), K (K, 31 years of age), L (L, L, M (M, 32 years of age), M (M, 32 years of age), and the above M’s female-friendly job offers.

At that time, Defendant B discovered the victim M who had previously been aware of this time, divided the personnel affairs of M, exchanged alcoholic beverages, and returned to the table that he had been driven by M. However, while the victim J under the influence of alcohol reported that the Defendants 6 and satisfyed the complaint, the charges of the Defendants 6 and satisfy attached are stated as “Defendant B”, and the charges of the Defendants 2 were proved as follows: at the time of the commencement of fighting, Defendant B was the head of J, and the statements in the L prosecutorial office and this court, and the JJ’s statements in this court.

However, in light of the following: L, K, and J had a large opportunity to talk about the instant case due to their relative relationship; Defendant B, even though the victims were aware of personal information due to their personal information during the commission of the perpetrator, the victims did not at all identify the perpetrator who was investigated by the prosecution before January 15, 2015; Defendant B, when considering L and J’s statements and attitude in this court, there is a question about the credibility of the statement that Defendant B made the head of the J as a beer disease; Defendant B consistently stated that the head of the J was the beer disease; Defendant B, after the emergency arrest from this court to this court, and it is difficult for the first time to find out the situation that Defendant B started fighting; there is a reasonable room for the first instance court to have the head of the J as a beer disease at the time of the commencement of fighting.

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